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PA Bulletin, Doc. No. 05-1081

PROPOSED RULEMAKING

[58 PA. CODE CH. 143]

Hunting and Furtaker Licenses

[35 Pa.B. 3231]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 26, 2005, meeting, proposed the following rulemaking:

   Amend §§ 143.201 and 143.203 (relating to purpose and scope; and drawing) to correct language recognizing the different classifications of elk licenses available and make the drawing requirements for the different classifications of the elk license more consistent.

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   The proposed rulemaking was made public at the April 26, 2005, meeting of the Commission. Comments can be sent until June 24, 2005, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Purpose and Authority

   Since the creation of the elk license a short time ago, only two classifications of the elk license have been available, the antlered and the antlerless elk license. In an effort to promote and increase elk hunter success within this Commonwealth, the Commission has added a third classification to the elk license. This new classification entitles the holder of the license to harvest either an antlered or antlerless elk. This means that the hunter may choose which sex of elk is harvested according to factors such as preference, availability, weather conditions, and the like.

   The new antlered and/or antlerless elk license classification should be available to elk hunters in the near future. However, before this new classification of elk license can be sold, the Commission must amend §§ 143.201 and 143.203 to correct language recognizing the different classifications of elk licenses available and also to make the drawing requirements for the different classifications of the elk license more consistent. Currently, § 143.201 only recognizes that the Commission will establish a quantity of tags for antlered and antlerless elk. Since the new classification of elk license permits either antlered or antlerless elk to be harvested, the Commission is proposing to amend this language by inserting ''/or'' to recognize all classifications of the elk license currently available.

   Currently, § 143.203 only restricts successful applicants issued an ''antlered elk license'' from applying for another elk license for 5 license years. Due to the fact that the new classification of elk license entitles the holder to harvest either an antlered or antlerless elk, the Commission is proposing to amend § 143.203 to restrict successful applicants issued any license entitling them to take an antlered elk from applying for another elk license for 5 license years. This amendment should maintain a certain level of fairness in the lottery drawing process for all applicants.

   Section 2705(15) of the code (relating to classes of licenses) provides that ''To ensure sound management of Pennsylvania's wild elk population, the commission may promulgate regulations to establish a limited number of licenses.'' Section 2722(g) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife . . .in this Commonwealth.'' The amendments to §§ 143.201 and 143.203 were proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will correct language referring to the different classifications of the elk license available to hunters by adding the language ''/or'' and also make the drawing requirements for the different classifications of the elk license more consistent by prohibiting all applicants successfully drawn for any elk license entitling them to take an antlered elk from reapplying for another elk license for 5 license years.

3.  Persons Affected

   Persons wishing to apply for an elk license entitling them to harvest an antlered or an antlerless elk within this Commonwealth will be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in additional cost or paperwork.

5.  Effective Date

   The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6.  Contact Person

   For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

VERNON R. ROSS,   
Executive Director

   Fiscal Note: 48-208. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 143. HUNTING AND FURTAKER LICENSES

Subchapter K. ELK LICENSES

§ 143.201. Purpose and scope.

   If the Commission approves an elk hunting season, this subchapter establishes methods of applying for elk licenses. The Commission will set the number of licenses to be issued, establishing a quantity of tags for antlered and/or antlerless elk.

§ 143.203. Drawing.

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   (c)  [An applicant issued an antlered elk license is not permitted to apply for another elk license for 5 licenses years.] Applicants issued a license entitling them to take an antlered elk are not permitted to apply for an elk license for 5 license years.

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[Pa.B. Doc. No. 05-1081. Filed for public inspection June 3, 2005, 9:00 a.m.]


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